Learn more about Iron Mountain Software Escrow, Escrow Verification and SaaS Escrow services, and download a sample Iron Mountain Escrow Agreement.
Global software resilience and cyber security expert NCC Group has acquired Iron Mountain Escrow Intellectual Property Management (IPM) business.
Together, the two businesses offer a rich, complementary set of services to customers globally, including industry-leading software verification solutions and, excitingly, a cloud resilience proposition: Escrow-as-a-Service (EaaS).
As a combined business, NCC Group and Iron Mountain Escrow remain committed to helping customers improve resilience as the technology landscape continues to evolve and are focused on delivering maximum value to customers so they can adopt, innovate and manage new and existing technology with confidence.
Although roughly 80% of the intellectual property in escrow is for software, there are many contracts that protect assets like: design documentation, formulas, algorithms, recipes, non-source code based technology, and other proprietary materials that are managed by us until the conditions in their contracts are met and we are to deliver the materials to the appropriate party. As the company that commercialized the concept of source code escrow in 1982 – we still define the leading edge of the field today and continue to be amazed by the immutable benefits of escrow and the role of a neutral party in engendering trust.
By partnering with NCC Group & Iron Mountain Escrow, the world’s most trusted provider of technology escrow services, you’ll get the infrastructure; resources and expertise you need to protect your vital assets and preserve the integrity of your intellectual property.
Did you know that most new software is being built for the cloud? However, nearly half of IT leaders surveyed thought SaaS is riskier than on-premises software. Whether you’re a Software-as-a-Service (SaaS) provider, subscriber or a lawyer representing either of these parties – chances are you’re no stranger to the risks and challenges associated with adopting cloud applications.
Most companies today rely on SaaS solutions for one or more vital aspects of their business. As a subscriber, the benefits of SaaS are hard to ignore, but cloud-based software is not without risk. As a SaaS provider, you realize these risks give subscribers pause. Can you credibly answer questions about what happens to your customers’ applications and data if your code gets corrupted or your company goes under?
What if you could…
Iron Mountain’s SaaSProtect® Solution for Business Continuity services offer a disaster recovery and risk management solution for companies involved on both sides of SaaS relationships. By ensuring application continuity and data availability, we help to foster trust between all parties – and make peace of mind an attainable goal.
Get help navigating software through the cloud
Iron Mountain offers complimentary consulting services to assist our clients with the planning and implementation of SaaS technology solutions and best practices for application continuity and contingency planning.
In the event of an escrow release, verification enables you to effectively read, recreate and maintain your developer’s technology in-house- or transition smoothly to another vendor.
Without verifying what is in your escrow deposit, you could find out too late that your escrow release is useless.
Iron Mountain Escrow Verification services offer unrivalled insight into the composition of your escrow deposits through a four-level approach to verification.
Four Levels of Iron Mountain Escrow Verification
Protect Your Intellectual Property Development
Your business relies on the intellectual property (IP) you develop to remain competitive in the marketplace. Your intellectual property is at the core of your company. But, as crucial as IP is to companies like yours, it is often poorly managed as an asset. Ensure the integrity of your IP, and your company’s wellbeing, with IP Development Protection. Prevent others from using your inventions, designs or other creations. Make sure you’re the only person who can monetize or profit from these assets. Theft and illegal use of IP is widespread and results in lost opportunity, unrecovered costs and expensive legal battles.
What if you could…
With Iron Mountain Escrow acting as a neutral, trusted third party that protects and manages your IP, a secure technology escrow deposit can be used to document the development of your company’s IP. With our Intellectual Property Development Protection Agreement (IPDPA) we date and time-stamp each deposit so a genealogy of the product is kept on record. Our IPDPA service can provide necessary key evidence of when, how and by whom a technology was developed at a point in time. This independent preservation of your IP by Iron Mountain can significantly strengthen a company’s position in any legal dispute concerning intellectual property rights.
Easily Satisfy Your IP Litigation Discovery Requirements
During the discovery phase of litigation, there is an inherent conflict of interest between parties. Defendants must satisfy the discovery requirements of the court, while simultaneously protecting their intellectual property. For plaintiffs, it’s essential that their attorneys and experts gain access to the information necessary to prepare for trial. Our expertise empowers organizations to comply efficiently with discovery compliance provisions related to intellectual property litigation, while simultaneously reducing associated costs, response times and risk of potential exposure.
With Iron Mountain Escrow acting as a neutral third party in the discovery process, the IP Litigation Discovery Escrow Service provides a secure and controlled environment that benefits all parties:
The Internet Corporation for Assigned Names and Numbers (ICANN) helps to maintain and control the internet’s naming system and is dedicated to keeping the internet secure and operable in the event of a physical or business failure. If you’re a domain name Registry Operator, you need to safeguard the vital registration information of top-level domain names, including the new generic Top Level Domains, or gTLDs. It’s a responsibility made easier by a trusted, designated third-party data escrow service provider.
Iron Mountain Data Escrow solutions offer the most comprehensive and trusted Domain Name Registry Data Escrow solutions in the industry. We make it as simple as possible to comply with ICANN’s escrow requirements. Plus, we’ve been escrowing registry data since 2001, so we know the ropes.
In many cases, new gTLD applicants will be assisted by Registry Service Providers during the application process — they may also manage the ongoing operation of your registry. Iron Mountain has partnered with several Registry Service Providers as their preferred escrow agent. We can work with whichever Registry Service Provider you choose.
Any organization regulated as a broker-dealer by FINRA is managed through a set of rules put forth by the Securities and Exchange Commission (SEC). These regulations act as a check and balance for all involved parties.
To help address any mishandling of funds at any financial organization, the SEC put the 17a-1 rule in place under the Securities Exchange Act of 1934.
Basically, this rule gave the Financial Industry Regulatory Authority (FINRA) and SEC the authority to enforce rules on broker-dealers with regards to how long to keep records on file. This not only kept records up-to-date for auditing purposes but it also helped provide a heightened level of transparency.
In the early 1990s as technologies became more advanced, the SEC added refinements to this regulation which resulted in the creation of the 17a-4 rule.
To learn more about how Iron Mountain Escrow technology solutions can benefit you, click on your role below:
Developers
Software Escrow for Developers
Critical business issues for developers:
Confidence, security and protection
As a technology developer, you want your prospects, customers and partners to have confidence in your company. Establishing sound escrow processes helps you to instill trust into your solutions by letting a trusted and secure third party handle the process rather than try to do it yourself.
Partnering with the leader of integrity and success in the escrow industry for the last 35 years will add significant value to your solutions by safeguarding your customer’s investments with Iron Mountain technology escrow and verification services.
Software Escrow for Licensees
Critical business issues for licensees:
Protect against the unknown when your company licenses on-premises software or subscribes to a Software-as-a-Service (SaaS) application, you rely on your vendor for technical support, functional enhancements and maintenance. With SaaS applications, you entrust your data to them as well. This dependency exposes your company to risks.
What would happen if your vendor went out of business or otherwise stopped supporting your software or technology? Your company could suffer considerable losses in revenue and/or productivity. Whether your developer is large and trustworthy or small and without a proven track record, you need to know that your technology will be there when you need it.
An Iron Mountain Escrow account gives you leverage by allowing you to access the source code and other proprietary information that you need to keep the technology (and your business) up and running.
The Law Firm Advisory Role in the Technology Transaction
Critical business issues for law firms:
Protect your clients
Whether your clients develop or license software, you have a legitimate interest in helping them assess the risks of doing business and giving them expert advice.
Law firms should recommend escrow protection to their clients if:
Iron Mountain’s suite of escrow and intellectual property management services protects software users and buyers by providing a range of services. At a minimum, we can offer access to their developer’s source code and maintenance materials under specific conditions in the escrow agreement or we can fully replicate the application and data in a stand-alone environment.
Adam Palser, CEO at NCC Group, discusses the exciting acquisition of Iron Mountain Escrow IPM division. “Bringing our two businesses together provides a robust platform for growth – particularly in North America but also for all of our Software Resilience division and NCC Group as a whole. IPM shares many similarities with our own business, including a commitment to providing exemplary service for customers. There are tremendous opportunities to grow the combined business by offering IPM's blue-chip customers further resilience through our extensive cyber security portfolio."
Simon Fieldhouse, Global Managing Director, NCC Group Software Resilience adds: “The priority is to ensure our new customers continue to benefit from the high standards of excellence they are accustomed to. We’ll ensure all customers continue to be supported by the same team by focusing on a smooth transition from IPM to NCC Group’s Software Resilience business. The combined business will be committed to helping customers improve their software resilience so they can confidently adopt, innovate and manage new and existing technology opportunities."
